Category Archives: 2017

VOLUNTARY EUTHANASIA AND ASSISTED SUICIDE IN SOUTH AFRICA By Kevin van Huyssteen

VOLUNTARY EUTHANASIA AND ASSISTED SUICIDE IN SOUTH AFRICA By Kevin van Huyssteen

In its judgment upholding the appeal in the matter of Minister of Justice v Estate Stransham Ford the Supreme Court of Appeal (SCA) has provided a thoroughly informative overview of the law governing physician assisted suicide (PAS) and physician assisted euthanasia (PAE). In a unanimous judgment, the SCA (per Wallis JA) overturned and heavily criticised the… Continue Reading

WHO IS IN CONTROL WHEN A LIQUIDATION APPLICATION IS SUSPENDED PENDING THE OUTCOME OF A BUSINESS RESCUE HEARING? by Colin Strime

WHO IS IN CONTROL WHEN A LIQUIDATION APPLICATION IS SUSPENDED PENDING THE OUTCOME OF A BUSINESS RESCUE HEARING? by Colin Strime

(Section 131(6) Of The Companies Act 71 Of 2008) (“The Act”) The latest judgment deals with the lacuna in Chapter 6 of the Act.   The lacuna arises when determining who is in control of a business of a company which is in liquidation at the time that an application is launched to place it… Continue Reading

THE NEW MINING CHARTER – THE GOOD, THE BAD AND THE UGLY by Charles Ancer

THE NEW MINING CHARTER – THE GOOD, THE BAD AND THE UGLY by Charles Ancer

On 15 June 2017 the Minister of Mineral Resources published the reviewed Mining Charter.  In theory the Charter seeks to address the issue of black economic empowerment within the mining sector, while in practice the Charter has already induced panic in the financial markets and is likely to discourage investment, complicate shareholding matters and reduce… Continue Reading

WARRANTY, GUARANTEE OR SURETYSHIP? by Selwyn Perlman

WARRANTY, GUARANTEE OR SURETYSHIP? by Selwyn Perlman

    More often than not, these concepts are “confused”. This can come about as a result of bad and/or sloppy drafting of documents and occasionally, the use of guarantees and suretyships interchangeably. It is important to ascertain what the document is as the legal consequences/remedies of each differ. The purpose of this article is… Continue Reading

ARBITRATION AND/OR THE USE OF AN EXPERT TO DETERMINE CONTENTIOUS COMMERCIAL ISSUES By Selwyn Perlman

ARBITRATION AND/OR THE USE OF AN EXPERT TO DETERMINE CONTENTIOUS COMMERCIAL ISSUES By Selwyn Perlman

The use of an arbitrator or an expert are alternatives to going to court to determine contentious issues between parties.  All three have their merits and demerits.  This short “note” briefly deals with the expert or arbitrator route.   Arbitration is governed by agreement between the parties (the terms and conditions).  If no terms and… Continue Reading

THE DUTIES OF A MUNICIPALITY IN RESPECT OF SOLID WASTE DISPOSAL: MUNCIPAL MANAGER GUILTY OF CONTEMPT OF COURT By Kevin van Huyssteen

THE DUTIES OF A MUNICIPALITY IN RESPECT OF SOLID WASTE DISPOSAL: MUNCIPAL MANAGER GUILTY OF CONTEMPT OF COURT By Kevin van Huyssteen

The Eastern Cape High Court, Grahamstown, has sent a strong message of censure to Ndlambe Municipality, which governs Kenton-on-Sea, for contempt of a Court order pertaining to control of sewage and for environmental abuse in failing to adequately manage and close an over-full and frequently burning illegal municipal solid waste disposal site. In 2009, the… Continue Reading

CYCLISTS BEWARE by Kevin van Huyssteen.

CYCLISTS BEWARE by Kevin van Huyssteen.

CLAIM AGAINST ESKOM UNDER CONSUMER PROTECTION ACT DISMISSED The Supreme Court of Appeal (SCA) has overturned a claim by a cyclist, a Mr Halstead-Cleak based on Section 61 of the Consumer Protection Act (CPA), who was injured when he struck a low-hanging power cable whilst out riding, causing him severe burns. Section 61 of the CPA… Continue Reading